What is better - owning a trademark as an individual or as a business?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

The more practical choice is to own the trademark as a business. Tying the trademark to the entity that uses it commercially simplifies enforcement, avoids the need for a separate license agreement between owner and user, and makes ownership transfer more straightforward if the business is ever sold.

However, individual ownership does make sense in specific situations where the company is not yet incorporated, or where a public figure wants to retain personal control over their name or likeness, or where the individual intends to license the mark to multiple businesses rather than use it through one.

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